Will Brexit Block The European Unitary Patent?

By Monika Ermert for Intellectual Property Watch

European Patent Office President Benoît Battistelli today in Brussels expressed confidence that the first European Union unitary patent could be granted by the end of this year despite continued delays in the ratification process.But doubts remain.

Germany and the United Kingdom still have to complete their ratification processes, Battistelli reported at a parliamentary hearing. He acknowledged that without the UK, the introduction of the long fought-for new patents would be blocked for years. While Battistelli said he received confirmation of the British government that it would ratify, despite preparing for the Brexit,  Bernhard Rapkay, former rapporteur for the legislative package for the community patent, was highly sceptical.

The German Parliament on 10 March  passed the ratification documents, and Rapkay said he does not expect a much longer delay there, despite some reports over a lack of a quorum for the middle of the night decision. But he was wary of the Brexit government in the UK. Slawomir Tokarski, director of Innovation and Advanced Manufacturing in the European Commission’s Directorate General Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), said that ratifications have to be in by 29 May, otherwise it would be too late to finalise the process this year.